Complaint No.6/2018 Filed on.02/01/2018 Disposed on.13/06/2022 BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE.

(ADDL. BENCH)

DATED THIS THE 13^th DAY OF JUNE 2022 PRESENT SRI RAVI SHANKAR – JUDICIAL MEMBER SMT. SUNITA C.BAGEWADI – LADY MEMBER COMPLAINT NO. 6/2018

1. Manisha Bhargava D-0004, Daadys Elixir Apartmetns “D” Block, Survey No.11/1, Near APMC Fruit Market, Huskur Gate, Kammasandra Village, Attibele Hobli, Anekal Taluk, Bangalore-560 100.

2. Prashantha Acharya D 0004, Daddys Elixir Apartments “D” Block, Survey No.11/1, Near APMC Fruit Market, Huskur Gate, Kammasandra Village, Attibele Hobli, Anekal Taluk, Bangalore – 560 100. ……….Complainant (By Sri. Saket Bisani, Adv.,)

V/s

1. Daddys Builders Pvt. Ltd., No.383, 9^th Main, 7^th Sector, HSR Layout, Bangalore-560 102 Through its Manager.

2. Boby Sebastian, Director, M/s Daadys Builder Pvt. Ltd. No.383, 9^th Main, 7^th Sector, HSR Layout, Bangalore-560 102.

3. Sri. Suresh Babu, Director, M/s Daadys Builder Pvt. Ltd., No.383, 9^th Main, 7^th Sector, HSR Layout, Bangalore-560 102.

4. Sri.Venkataswamy Raju, Director, M/s Daadys Builder Pvt. Ltd., No.383, 9^th Main, 7^th Sector, HSR Layout, Bangalore-560 102.

(By Sri. S.D.Ashwath, Adv.,)

……….Opposite Parties :ORDER:

BY SMT. SUNITA C.BAGEWADI – LADY MEMBER This complaint is filed by the complainants alleging deficiency in service against the Opposite Parties and requested to direct the Opposite Parties to construct/create all facilities provided in the brochure and to obtain statutory compliances like occupancy/possession certificate, fire clearance, etc or to pay Rs.25,00,000/- towards compensation for the harassment, inconvenience, frustration and the mental agony suffered by the complainants and prays to direct the Opposite Parties to Rs.25,000/-

towards cost.

2. The brief facts of the complaint are as under:-

The Opposite Party floated and promoted a brochure for construction of a State of the art Ten storey Building ELIXER HIGH, as a stand-alone building and not as a residential complex comprising of numerous high rise buildings. The revised NOC No.GBC(1) 263/2008 was issued on 14.12.2009 by the Director General of Police and Director General, Karnataka Fire and Emergency Services wherein under the “Surrounding properties” it was mentioned that on the west side, Sy.No.11/1, on which Block-D has been constructed, is surrounded by High Rise residential buildings, under construction, belonging to the Opposite Party.

2(a). The complainant further contended that application for issuance of possession/occupancy certificate by the builder is an mandatory provision as it is a conclusive proof that the construction of the concerned building is as per the approve plan and no deviation from the sanctioned building plan has been made. Further as per provision No.3 of notification No.HD-33-SFB-2011, dated:07.07.2011 issued by the Home Secretariat, the BMP or Local Municipal Authority shall not grant occupancy certificate unless and until sufficient fire protection system is installed before building is made operational and is certified by the Fire Officer.

2(b). The complainant further contended that he has purchased a Flat bearing No.D-004, in Ground Floor, measuring 1640 sq.ft. of super built-up area, 721 Sq.ft. of undivided share, right, title and interest in the residential apartment constructed by the Opposite Party, situated at Kammasandra Village, Attibele Hobli, Anekal Taluk, Bangalore Urban District for a sale consideration of Rs.56,25,000/- vide sale deed dated:16.11.2012. The possession was given to the complainant in December 2012, however, no possession/occupancy certificate has been given to the complainant by the Opposite Party till date.

2(c) The complainant further contended that as per their representation made in the brochure and executed sale deed, the Opposite Party was bound to construct and provide the complainant various amenities such as septic tank, power back-up, 24X7 security, swimming pool, gymnasium